Last Will and Testament in North Carolina
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What North Carolina law says
| Requirements for a valid will | Anyone 18 or older and of sound mind may make a will. An attested (witnessed) will must be in writing and signed by the will-maker, or by another person at the will-maker's direction and in their presence. The will-maker must sign in front of, or acknowledge the signature to, at least two competent witnesses, who must sign in the will-maker's presence. The witnesses do not have to sign in each other's presence. Source: N.C. Gen. Stat. §§ 31-1, 31-3.3 |
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| Self-proving affidavit | Yes. A witnessed will can be made self-proved, either when it is signed or later, by the will-maker's acknowledgment and the witnesses' sworn affidavits before an officer authorized to administer oaths (such as a notary), with the officer's certificate under seal. The statute provides the affidavit wording. Source: N.C. Gen. Stat. § 31-11.6 |
| Handwritten (holographic) wills | Yes. A handwritten will is valid without witnesses if it is entirely in the will-maker's handwriting and signed by them (or their handwritten name appears in or on it). Printed matter does not invalidate it if the handwritten words alone form a valid will. To be probated, at least three competent witnesses must testify that they believe the will and the name on it are in the will-maker's handwriting. Probate proof rule: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_28A/Article_2A.html |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · North Carolina tenant rights
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.